38960 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule will have 

no such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This proposed rule contains no 

provisions constituting a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521). 

Catalog of Federal Domestic Assistance 

There are no Catalog of Federal 

Domestic Assistance numbers and titles 

for this rule. 

List of Subjects in 38 CFR Part 1 

Administrative practice and 

procedure, Archives and records, 

Cemeteries, Claims, Courts, Crime, 

Flags, Freedom of information, 

Government contracts, Government 

employees, Government property, 

Infants and children, Inventions and 

patents, Parking, Penalties, Postal 

Service, Privacy, Reporting and 

recordkeeping requirements, Seals and 

insignia, Security measures, Wages. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs approved this 

document on June 23, 2021 and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of the Secretary, Department of Veterans 

Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs proposes to amend 38 CFR part 

1 as set forth below: 

PART 1—GENERAL PROVISIONS 

■ 1. The authority citation for part 1 is 

revised to read as follows: 

Authority: 31 U.S.C. 3711(e); 38 U.S.C. 

501, 5701(g) and (i); 38 U.S.C. 5320. 

§ 1.916 [Amended] 

■ 2. Amend § 1.916 by revising 

paragraph (c) to read as follows: 

* * * * * 

(c) Subject to the conditions set forth 

in this paragraph and paragraph (d) of 

this section, information concerning 

individuals may be disclosed to 

consumer reporting agencies for 

inclusion in consumer reports 

pertaining to the individual, or for the 

purpose of locating the individual. 

Disclosure of the fact of indebtedness 

will be made if the individual fails to 

respond in accordance with written 

demands for repayment, or refuses to 

repay a debt to the United States. In 

making any disclosure under this 

section, VA will provide consumer 

reporting agencies with sufficient 

information to identify the individual, 

including the individual’s name, 

address, if known, date of birth, VA file 

number, and Social Security number. 

(1) The Secretary has established a 

minimum threshold for a debt, arising 

from a benefit administered by the 

Under Secretary for Benefits or Under 

Secretary for Health, that the Secretary 

will report to a consumer reporting 

agency under section 3711 of title 31. 

(2) VA will only report those debts 

that meet the following standards: 

(i) The debt is classified as currently 

not collectible. For purposes of this 

paragraph, the debt is currently not 

collectible if VA has exhausted available 

collection efforts, including, as 

appropriate, referrals for administrative 

offset and enforced collection; 

(ii) The debt is not owed by an 

individual who is determined by VA to 

be catastrophically disabled or has 

reported to VA a gross household 

income below the applicable 

geographically adjusted income limits 

that would entitle a VA beneficiary to 

cost-free health care, medications and/ 

or beneficiary travel; and 

(iii) The outstanding debt amount is 

over $25, or such higher amount VA 

may from time to time prescribe, in 

accordance with section 1.921 of this 

part. 

(3) The minimum threshold set forth 

in this paragraph will not apply if there 

is an indication of fraud, 

misrepresentation, or bad faith on the 

part of the individual in connection 

with the debt. 

* * * * * 

[FR Doc. 2021–15490 Filed 7–22–21; 8:45 am] 

BILLING CODE 8320–01–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

41 CFR Parts 51–1, 51–2, 51–3, 51–4, 

51–5, 51–6, 51–7, 51–8, 51–9, and 51– 

10 

RIN 3037–AA13 

Provisions Relating to Public 

Contracts 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: This proposed rule would 

amend the Committee for Purchase 

From People Who Are Blind or Severely 

Disabled’s (Committee) regulations to 

address outdated information and 

proposes correction and clarifications 

within the chapter or with the JavitsWagner-O’Day Act or the AbilityOne 

Program. This regulation was originally 

published in 1991 and changes in 

Committee practices and concepts have 

occurred which requires updates to the 

CFR. These updates merely are 

administrative in nature. 

DATES: Comments should be submitted 

on or before August 23, 2021. 

ADDRESSES: You may submit your 

comments, identified by ‘‘RIN 3037– 

AA13’’ by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments received will be posted 

without change to www.regulations.gov 

including any personal information 

provided. To confirm receipt of your 

comment(s) please check 

www.regulations.gov approximately two 

to three days after submission to verify 

posting (except allow for 30 days for 

posting of comments submitted by 

mail). 

FOR FURTHER INFORMATION CONTACT: 

Shelly Hammond, shammond@

abilityone.gov, (571) 457–9468. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Committee’s last rule making 

administrative changes was published 

in the Federal Register at June 2, 2000, 

at 65 FR 35286. 

The Committee seeks to provide the 

following administrative changes based 

on changes to the Office of the Federal 

Register’s language and processes. The 

Commission seeks to remove mailing 

address and add email address for the 

Committee and Central Nonprofit 

Agencies. 


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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules 38961 

This proposed rule would update the 

Committee’s regulations in 41 CFR 

chapter 51–1.1—51–10.101 to reflect 

those statutory changes. 

II. Changes Proposed by the Committee 

in This Rulemaking 

This proposed rule amends the 

Committee’s regulations to include the 

following administrative changes: 

III. Expected Impact of the Proposed 

Rule 

This rulemaking is not expected to 

have a significant impact on small 

businesses. 

IV. Regulatory Procedures 

Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation 

and Regulatory Review 

This proposed rule is not a significant 

regulatory action, under E.O. 12866. 

Executive Order 13771—Reducing 

Regulations and Controlling Regulatory 

Costs 

This proposed rule is not expected to 

be an E.O. 13771 deregulatory action. 

Regulatory Flexibility Act 

It has been certified that this proposed 

rule is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Paperwork Reduction Act 

This proposed rule does not contain 

an information collection requirement 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

Unfunded Mandates Reform Act of 1995 

This proposed rule will not result in 

the expenditure by State, local, and 

Tribal governments, in the aggregate, or 

by the private sector, of $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. 

List of Subjects 

41 CFR Part 51–1 

Government procurement, Individuals 

with disabilities. 

41 CFR Part 51–2 

Government procurement, Individuals 

with disabilities, Organization and 

functions (Government agencies). 

41 CFR Part 51–3 

Government procurement, Individuals 

with disabilities. 

41 CFR Part 51–4 

Government procurement, Individuals 

with disabilities, Reporting and 

recordkeeping requirements. 

41 CFR Parts 51–5 and 51–6 

Government procurement, Individuals 

with disabilities. 

41 CFR Part 51–7 

Environmental impact statements. 

41 CFR Part 51–8 

Administrative practice and 

procedure, Archives and records, 

Confidential business information, 

Freedom of information, Privacy Act. 

41 CFR Part 51–9 

Privacy Act Rules. 

41 CFR Part 51–10 

Administrative practice and 

procedure, Civil rights, Equal 

employment opportunity, Federal 

buildings and facilities, Individuals 

with disabilities. 

For reasons set forth in the preamble, 

the Committee proposes to amend 41 

CFR parts 51–1 through 51–10 as 

follows: 

■ 1. The authority citation for parts 51– 

1, 51–2, 51–3, 51–4, 51–5, 51–6, 51–7, 

51–8, 51–9, and 51–10 continues to read 

as follows: 

Authority: 41 U.S.C. 46–48c. 

PART 51–1—GENERAL 

■ 2. Revise § 51–1.1 to read as follows: 

§ 51–1.1 Policy. 

(a) It is the policy of the Government 

to increase employment and training 

opportunities for persons who are blind 

or have other severe disabilities through 

the purchase of products and services 

from qualified nonprofit agencies 

employing persons who are blind or 

have other severe disabilities. The 

Committee for Purchase from People 

Who Are Blind or Severely Disabled 

(hereinafter the Committee) was 

established by the Javits-Wagner-O’Day 

Act, Public Law [111–350, section 3, 

Jan. 4, 2011, 124 Stat. 3837], as 

amended and recodifies, 41 U.S.C. 

8501–8506 (hereinafter the JWOD Act). 

The Committee is responsible for 

implementation of a comprehensive 

program designed to enforce this policy. 

(b) It is the policy of the Committee 

to encourage all Federal entities and 

employees to provide the necessary 

support to ensure that the JWOD Act is 

implemented in an effective manner. 

This support includes purchase of 

products and services published on the 

Committee’s Procurement List through 

appropriate channels from nonprofit 

agencies employing persons who are 

blind or have other severe disabilities 

designated by the Committee; 

recommendations to the Committee of 

new products and services suitable for 

addition to the Procurement List; and 

cooperation with the Committee and the 

central nonprofit agencies in the 

provision of such data as the Committee 

may decide is necessary to determine 

suitability for addition to the 

Procurement List. 

■ 3. Revise § 51–1.2 to read as follows: 

§ 51–1.2 Mandatory source priorities. 

(a) The JWOD Act mandates that 

products or services on the Procurement 

List required by Government entities be 

procured, as prescribed in this 

regulation, from a nonprofit agency 

employing persons who are blind or 

have other severe disabilities, at a price 

established by the Committee, if that 

product or service is available within 

the normal period required by that 

Government entity. Except as provided 

in paragraph (b) of this section, the 

JWOD Act has priority, under the 

provisions of 41 U.S.C. 8504, over any 

other supplier of the Government’s 

requirements for products and services 

on the Committee’s Procurement List. 

(b) Federal Prison Industries, Inc. has 

priority, under the provisions of 18 

U.S.C. 4124 and 41 U.S.C. 8504(b), over 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities in furnishing products for 

sale to the Government. All or a portion 

of the Government’s requirement for a 

product for which Federal Prison 

Industries, Inc. has exercised its priority 

may be added to the Procurement List. 

However, such addition is made with 

the understanding that procurement 

under the JWOD Act shall be limited to 

that portion of the Government’s 

requirement for the product which is 

not available or not required to be 

procured from Federal Prison 

Industries, Inc. 

(c) The JWOD Act requires the 

Committee to prescribe regulations 

providing that, in the purchase by the 

Government of products produced and 

offered for sale by qualified nonprofit 

agencies employing persons who are 

blind and nonprofit agencies employing 

persons who have other severe 

disabilities, priority shall be accorded to 

products produced and offered for sale 

by qualified nonprofit agencies for the 

blind. In approving the addition of 

products, to the Procurement List, the 

Committee accords priority to nonprofit 

agencies for the blind. Nonprofit 

agencies for the blind and nonprofit 

agencies employing persons with severe 


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disabilities have equal priority for 

services. 

■ 4. Amend § 51–1.3 by: 

■ a. Revising the definitions of 

‘‘AbilityOne Program,’’ ‘‘Central 

nonprofit agency,’’ ‘‘Committee’’, 

Contracting activity’’, ‘‘Direct labor’’, 

‘‘Interested person’’, ‘‘Military resale’’, 

‘‘Nonprofit agency’’, ‘‘Participating 

nonprofit agency’’, and ‘‘Procurement 

List’’; 

■ b. Adding in alphabetical order a 

definition for ‘‘Qualified nonprofit 

agency for other severely disabled’’; 

■ c. Removing the definition of 

‘‘Qualified nonprofit agency for other 

severely handicapped’’; and 

■ d. Revising the definition of 

‘‘Qualified nonprofit agency for the 

blind’’. 

The revisions and addition read as 

follows: 

§ 51–1.3 Definitions. 

* * * * * 

AbilityOne Program means the 

program authorized by the JWOD Act to 

increase employment and training 

opportunities for persons who are blind 

or have other severe disabilities through 

Government purchasing of products and 

services from nonprofit agencies 

employing these persons. 

* * * * * 

Central nonprofit agency means an 

agency organized under the laws of the 

United States or of any State, operated 

in the interest of the blind or persons 

with other severe disabilities, the net 

income of which does not incur in 

whole or in part to the benefit of any 

shareholder or other individual, and 

designated by the Committee to 

facilitate the distribution (by direct 

allocation, subcontract, or any other 

means) of orders of the Government for 

products and services on the 

Procurement List among nonprofit 

agencies employing persons who are 

blind or have other severe disabilities, 

to provide information required by the 

Committee to implement the JWOD 

Program, and to otherwise assist the 

Committee in administering these 

regulations as set forth herein by the 

Committee. 

Committee means the Committee for 

Purchase from People Who Are Blind or 

Severely Disabled. 

Contracting activity means any 

element of an entity of the Government 

that has responsibility for identifying 

and/or procuring Government 

requirements for products or services. 

Components of a contracting activity, 

such as a contracting office and an 

ordering office, are incorporated in this 

definition, which includes all offices 

within the definitions of ‘‘contracting 

activity,’’ ‘‘contracting office,’’ and 

‘‘contract administration office’’ 

contained in the Federal Acquisition 

Regulation, 48 CFR 2.101. 

Direct labor means all work required 

for preparation, processing, and packing 

of a product or work directly related to 

the performance of a service, but not 

supervision, administration, inspection 

or shipping. 

* * * * * 

Interested person means an individual 

or legal entity affected by a proposed 

addition of a product or service to the 

Procurement List or a deletion from it. 

Military resale products means 

products on the Procurement List sold 

for the private, individual use of 

authorized patrons of Armed Forces 

commissaries and exchanges, or like 

activities of other Government 

departments and agencies. 

Nonprofit agency (formerly workshop) 

means a nonprofit agency serving 

people who are blind or a nonprofit 

agency employing persons with severe 

disabilities, as appropriate. 

* * * * * 

Participating nonprofit agency 

(formerly participating workshop) 

means any nonprofit agency which has 

been authorized by the Committee to 

furnish a product or service to the 

Government under the JWOD Act. 

Procurement List means a list of 

products (including military resale 

products) and services which the 

Committee has determined to be 

suitable to be furnished to the 

Government by nonprofit agencies for 

the blind or nonprofit agencies 

employing persons with severe 

disabilities pursuant to the JWOD Act 

and these regulations. 

Qualified nonprofit agency for other 

severely disabled (formerly workshop 

for other severely handicapped) means 

an agency organized under the laws of 

the United States or any State, operated 

in the interests of persons with severe 

disabilities who are not blind, and the 

net income of which does not inure in 

whole or in part to the benefit of any 

shareholder or other individual; which 

complies with applicable occupational 

health and safety standards prescribed 

by the Secretary of Labor; and which in 

furnishing products and services 

(whether or not the products or services 

are procured under these regulations) 

during the fiscal year employs persons 

with severe disabilities (including 

blind) for not less than 75 percent of the 

work-hours of direct labor required to 

furnish such products or services. 

Qualified nonprofit agency for the 

blind (hereinafter nonprofit agency for 

the blind) (formerly workshop for the 

blind) means an agency organized under 

the laws of the United States or of any 

State, operated in the interest of blind 

individuals, and the net income of 

which does not inure in whole or in part 

to the benefit of any shareholder or 

other individual; which complies with 

applicable occupational health and 

safety standards prescribed by the 

Secretary of Labor; and which in 

furnishing products and services 

(whether or not the products or services 

are procured under these regulations) 

during the fiscal year employs blind 

individuals for not less than 75 percent 

of the work-hours of direct labor 

required to furnish such products or 

services. 

* * * * * 

PART 51–2—COMMITTEE FOR 

PURCHASE FROM PEOPLE WHO ARE 

BLIND OR SEVERELY DISABLED 

■ 5. Revise § 51–2.2 to read as follows: 

§ 51–2.2 Powers and responsibilities. 

The Committee is responsible for 

carrying out the following functions in 

support of its mission of providing 

employment and training opportunities 

for persons who are blind or have other 

severe disabilities and, whenever 

possible, preparing those individuals to 

engage in competitive employment: 

(a) Establish rules, regulations, and 

policies to assure effective 

implementation of the JWOD Act. 

(b) Determine which product and 

services procured by the Federal 

Government are suitable to be furnished 

by qualified nonprofit agencies 

employing persons who are blind or 

have other severe disabilities and add 

those items to the Committee’s 

Procurement List. Publish notices of 

addition to the Procurement List in the 

Federal Register. Disseminate 

information on Procurement List items 

to Federal agencies. Delete items no 

longer suitable to be furnished by 

nonprofit agencies. Authorize and 

deauthorize central nonprofit agencies 

and nonprofit agencies to accept orders 

from contracting activities for the 

furnishing of specific products and 

services on the Procurement List. 

(c) Determine fair market prices for 

items added to the Procurement List and 

revise those prices in accordance with 

changing market conditions to assure 

that the prices established are reflective 

of the market. 

(d) Monitor nonprofit agency 

compliance with Committee regulations 

and procedures. 

(e) Inform Federal agencies about the 

AbilityOne Program and the statutory 

mandate that items on the Procurement 


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List be purchased from qualified 

nonprofit agencies, and encourage and 

assist entities of the Federal 

Government to identify additional 

products and services that can be 

purchased from qualified nonprofit 

agencies. To the extent possible, 

monitor Federal agencies’ compliance 

with JWOD requirements. 

(f) Designate, set appropriate ceilings 

on fee paid to these central nonprofit 

agencies by nonprofit agencies selling 

items under the AbilityOne Program, 

and provide guidance to central 

nonprofit agencies engaged in 

facilitating the distribution of 

Government orders and helping State 

and private nonprofit agencies 

participate in the AbilityOne Program. 

(g) Conduct a continuing study and 

evaluation of its activities under the 

JWOD Act for the purpose of assuring 

effective and efficient administration of 

the JWOD Act. The Committee may 

study, independently, or in cooperation 

with other public or nonprofit private 

agencies, problems relating to: 

(1) The employment of the blind or 

individuals with other severe 

disabilities. 

(2) The development and adaptation 

of production methods which would 

enable a greater utilization of these 

individuals. 

(h) Provide technical assistance to the 

central nonprofit agencies and the 

nonprofit agencies to contribute to the 

successful implementation of the JWOD 

Act. 

(i) Assure that nonprofit agencies 

employing persons who are blind will 

have priority over nonprofit agencies 

employing persons with severe 

disabilities in furnishing products. 

■ 6. Revise § 51–2.3 to read as follows: 

§ 51–2.3 Notice of proposed addition or 

deletion. 

At least 30 days prior to the 

Committee’s consideration of the 

addition or deletion of a product or 

service to or from the Procurement List, 

the Committee publishes a notice in the 

Federal Register announcing the 

proposed addition or deletion and 

providing interested persons an 

opportunity to submit written data or 

comments on the proposal. Interested 

persons submitting comments in bound 

form should also submit an unbound 

copy that is capable of being legibly 

photocopied. 

■ 7. Revise § 51–2.4 to read as follows: 

§ 51–2.4 Determination of suitability. 

(a) For a product or service to be 

suitable for addition to the Procurement 

List, each of the following criteria must 

be satisfied: 

(1) Employment potential. The 

proposed addition must demonstrate a 

potential to generate employment for 

persons who are blind or have other 

severe disabilities. 

(2) Nonprofit agency qualifications. 

The nonprofit agency (or agencies) 

proposing to furnish the item must 

qualify as a nonprofit agency serving 

persons who are blind or have other 

severe disabilities, as set forth in part 

51–4 of this chapter. 

(3) Capability. The nonprofit agency 

(or agencies) desiring to furnish a 

product or service under the JWOD 

Program must satisfy the Committee as 

to the extent of the labor operations to 

be performed and that it will have the 

capability to meet Government quality 

standards and delivery schedules by the 

time it assumes responsibility for 

supplying the Government. 

(4) Level of impact on the current 

contractor for the product or service. (i) 

In deciding whether or not a proposed 

addition to the Procurement List is 

likely to have a severe adverse impact 

on the current contractor for the specific 

product or service, the Committee gives 

particular attention to: 

(A) The possible impact on the 

contractor’s total sales, including the 

sales of affiliated companies and parent 

corporations. In addition, the 

Committee considers the effects of 

previous Committee actions. 

(B) Whether that contractor has been 

a continuous supplier to the 

Government of the specific product or 

service proposed for addition and is, 

therefore, more dependent on the 

income from such sales to the 

Government. 

(ii) If there is not a current contract for 

the product or service being proposed 

for addition to the Procurement List, the 

Committee may consider the most 

recent contractor to furnish the item to 

the Government as the current 

contractor for the purpose of 

determining the level of impact. 

(b) In determining the suitability of a 

product or service for addition to the 

Procurement List, the Committee also 

considers other information it deems 

pertinent, including comments on a 

proposal published in the Federal 

Register to add the product or service to 

the Procurement List and information 

submitted by Government personnel 

and interested persons. Because the 

Committee’s authority to establish fair 

market prices is separate from its 

authority to determine the suitability of 

a product or service for addition to the 

Procurement List, the Committee does 

not consider comments on proposed fair 

market prices for products and services 

proposed for addition to the 

Procurement List to be pertinent to a 

suitability determination. 

■ 8. Revise § 51–2.5 to read as follows: 

§ 51–2.5 Committee decision. 

The Committee considers the 

particular facts and circumstances in 

each case in determining if a product or 

service is suitable for addition to the 

Procurement List. When the Committee 

determines that a proposed addition is 

likely to have a severe adverse impact 

on a current contractor, it takes this fact 

into consideration in deciding not to 

add the product or service to the 

Procurement List, or to add only a 

portion of the Government requirement 

for the item. If the Committee decides to 

add a product or service in whole or in 

part to the Procurement List, that 

decision is announced in the Federal 

Register with a notice that includes 

information on the effective date of the 

addition. 

■ 9. Amend § 51–2.7 by revising 

paragraphs (a) and (c) to read as follows: 

§ 51–2.7 Fair market price. 

(a) The Committee is responsible for 

determining fair market prices, and 

changes thereto, for products and 

services on the Procurement List. The 

Committee establishes an initial fair 

market price at the time a product or 

service is added to the Procurement 

List. This initial price is based on 

Committee procedures, which permit 

negotiations between the contracting 

activity and the nonprofit agency which 

will produce or provide the product or 

service to the Government, assisted by 

the appropriate central nonprofit 

agency. If agreed to by the negotiating 

parties, the initial price may be 

developed using other methodologies 

specified in Committee pricing 

procedures. 

* * * * * 

(c) Recommendations for initial fair 

market prices, or changes thereto, shall 

be submitted jointly by the contracting 

activities and nonprofit agencies 

concerned to the appropriate central 

nonprofit agency. After review and 

analysis, the central nonprofit agency 

shall submit the recommended prices 

and methods by which prices shall be 

changed to the Committee, along with 

the information required by Committee 

pricing procedures to support each 

recommendation. The Committee will 

review the recommendations, revise the 

recommended prices where appropriate, 

and establish a fair market price, or 

change thereto, for each product or 

service which is the subject of a 

recommendation. 


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■ 10. Amend § 51–2.8 by revising the 

section heading and paragraphs (a) and 

(b) to read as follows: 

§ 51–2.8 Procurement List. 

(a) The Committee maintains a 

Procurement List which includes the 

products and services which shall be 

procured by Government departments 

and agencies under the JWOD Act from 

the nonprofit agency(ies) designated by 

the Committee. Copies of the 

Procurement List, together with 

information on procurement 

requirements and procedures, are 

available at the Committee’s website: 

https://www.abilityone.gov. 

(b) For products, including military 

resale products, the Procurement List 

identifies the name and national stock 

number or item designation for each 

product, and where appropriate, any 

limitation on the portion of the product 

which must be procured under the 

JWOD Act. 

* * * * * 

PART 51–3—CENTRAL NONPROFIT 

AGENCIES 

■ 11. Revise § 51–3.1 to read as follows: 

§ 51–3.1 General. 

Under the provisions of section 2(c) of 

the JWOD Act, the Committee 

designates Central Nonprofit 

Agency(ies) (CNAs) through a separate 

written agreement approved by vote of 

the Commission. The list of the current 

central nonprofit agency(ies) designated 

by the Committee is available at the 

Committee’s website: https://

www.abilityone.gov. 

■ 12. Amend § 51–3.2 by revising 

paragraphs (c), (d), (e), (h), (i), (k), and 

(l) to read as follows: 

§ 51–3.2 Responsibilities under the 

AbilityOne Program. 

* * * * * 

(c) Obtain from Federal contracting 

activities such procurement information 

as is required by the Committee to: 

(1) Determine the suitability of a 

product or service being recommended 

to the Committee for addition to the 

Procurement List; and 

(2) Establish an initial fair market 

price for a product or service or make 

changes in the fair market price. 

(d) Recommend to the Committee, 

with the supporting information 

required by Committee policy or 

procedures, suitable products or 

services for procurement from its 

nonprofit agencies. 

(e) Recommend to the Committee, 

with the supporting information 

required by Committee policy or 

procedures, initial fair market prices for 

products or services proposed for 

addition to the Procurement List. 

* * * * * 

(h) Oversee and assist its nonprofit 

agencies to ensure contract compliance 

in furnishing a product or a service. 

(i) As market conditions change, 

recommend price changes with 

appropriate justification for assigned 

products or services on the Procurement 

List. 

* * * * * 

(k) When authorized by the 

Committee, enter into contracts with 

Federal contracting activities for the 

furnishing of products or services 

provided by its nonprofit agencies. 

(l) At the time designated by the 

Committee, submit a completed, 

original copy of the appropriate Initial 

Representations and Certification(s) for 

the nonprofit agency concerned. This 

requirement does not apply to a 

nonprofit agency that is already 

authorized to furnish a product or 

service under the JWOD Act. 

* * * * * 

■ 13. Revise § 51–3.3 to read as follows: 

§ 51–3.3 Assignment of product or service. 

(a) The central nonprofit agencies 

shall determine by mutual agreement 

the assignment to one of them of a 

product or service for the purpose of 

evaluating its potential for possible 

future addition to the Procurement List, 

except that the Committee shall initially 

assign a product to a central nonprofit 

agency for the blind when a central 

nonprofit agency for other severely 

disabled has expressed an interest in the 

product and a central nonprofit agency 

for the blind has exercised the blind 

priority. 

(b) Central nonprofit agencies for 

other severely disabled shall provide a 

central nonprofit agency for the blind 

with procurement information 

necessary for a decision to exercise or 

waive the blind priority when it 

requests a decision. A central nonprofit 

agency for the blind shall normally 

notify an interested central nonprofit 

agency of its decision within 30 days, 

but not later than 60 days after receipt 

of the procurement information, unless 

the central nonprofit agencies agree to 

an extension of time for the decision. 

Disagreements on extensions shall be 

referred to the Committee for resolution. 

(c) If a central nonprofit agency for the 

blind exercises the blind priority for a 

product, it shall immediately notify the 

Committee and any other central 

nonprofit agency and shall submit to the 

Committee a proposal to add the 

product to the Procurement List within 

nine months of the notification, unless 

the Committee extends the assignment 

period because of delays beyond the 

control of the central nonprofit agency 

for the blind. Upon expiration of the 

assignment period, the Committee shall 

reassign the product to another central 

nonprofit agency. 

(d) The central nonprofit agency 

assigned a product shall, consistent 

with 41 U.S.C. 8504(b) and 41 CFR 51– 

6.2(d), confirm that the contracting 

activity obtain a decision from Federal 

Prison Industries on the exercise or 

waiver of its priority, including 

submitting the procurement information 

required by Federal Prison Industries 

when it requests the decision. Federal 

Prison Industries shall normally notify 

the contracting activity of its decision 

within 30 days, but not later than 60 

days after receipt of the procurement 

information, unless it agrees with the 

contracting activity on an extension of 

time for the decision. The contracting 

activity shall notify the central 

nonprofit agency of any disagreements 

with Federal Prison Industries and the 

central nonprofit agency shall refer a 

disagreement over an extension to the 

Committee for resolution with Federal 

Prison Industries. 

(e) The central nonprofit agency shall 

provide the Committee the decision of 

Federal Prison Industries on the waiver 

or exercise of its priority when it 

requests the addition of the product to 

the Procurement List. The central 

nonprofit agency shall also provide the 

decision of a central nonprofit agency 

for the blind waiving its priority. 

■ 14. Revise § 51–3.4 to read as follows: 

§ 51–3.4 Distribution of orders. 

Central nonprofit agencies shall 

distribute orders from the Government 

only to nonprofit agencies which the 

Committee has approved to furnish the 

specific product or service. When the 

Committee has approved two or more 

nonprofit agencies to furnish a specific 

product or service, the central nonprofit 

agency shall distribute orders among 

those nonprofit agencies in a fair and 

equitable manner. 

PART 51–4—NONPROFIT AGENCIES 

■ 15. Amend § 51–4.3 by revising 

paragraphs (a), (b) introductory text, and 

(b)(1) and (9) to read as follows: 

§ 51–4.3 Maintaining qualification. 

(a) To maintain its qualification under 

the JWOD Act, each nonprofit agency 

authorized to furnish a product or a 

service shall continue to comply with 

the requirements of a ‘‘nonprofit agency 

for other severely disabled’’ or a 

‘‘nonprofit agency for the blind’’ as 

defined in § 51–1.3 of this chapter. In 


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addition, each such nonprofit agency 

must submit to its central nonprofit 

agency by November 1 of each year, two 

completed copies of the appropriate 

Annual Representations and 

Certifications covering the fiscal year 

ending the preceding September 30. 

(b) In addition to paragraph (a) of this 

section, each nonprofit agency 

participating in the Ability One Program 

shall: 

(1) Furnish products or services in 

strict accordance with Government 

orders. 

* * * * * 

(9) Upon receipt of payment by the 

Government for products or services 

furnished under the Ability One 

Program, pay to the central nonprofit 

agency a fee which meets the 

requirements of § 51–3.5 of this chapter. 

* * * * * 

■ 16. Amend § 51–4.4 by revising 

paragraphs (a) through (c) to read as 

follows: 

§ 51–4.4 Subcontracting. 

(a) Nonprofit agencies shall seek 

broad competition in the purchase of 

materials and components used in the 

products and services furnished to the 

Government under the JWOD Act. 

Nonprofit agencies shall inform the 

Committee, through their central 

nonprofit agency, before entering into 

multiyear contracts for materials or 

components used in the products and 

services furnished to the Government 

under the JWOD Act. 

(b) Each nonprofit agency shall 

accomplish the maximum amount of 

subcontracting with other nonprofit 

agencies and small business concerns 

that the nonprofit agency finds to be 

consistent both with efficient 

performance in furnishing products or 

services under the JWOD Act and 

maximizing employment for persons 

who are blind or have other severe 

disabilities. 

(c) Nonprofit agencies may 

subcontract a portion of the process for 

producing a product or providing a 

service on the Procurement List 

provided that the portion of the process 

retained by the prime nonprofit agency 

generates employment for persons who 

are blind or have other severe 

disabilities. Subcontracting intended to 

be a routine part of the production of a 

product or provision of a service shall 

be identified to the Committee at the 

time the product or service is proposed 

for addition to the Procurement List and 

any significant changes in the extent of 

subcontracting must be approved in 

advance by the Committee. 

* * * * * 

PART 51–5—CONTRACTING 

REQUIREMENTS 

■ 17. Revise § 51–5.1 to read as follows: 

§ 51–5.1 General. 

(a) Contracting activities are 

encouraged to assist the Committee and 

the central nonprofit agencies in 

identifying suitable products and 

services to be furnished by nonprofit 

agencies employing persons who are 

blind or have other severe disabilities so 

that the Committee can attain its 

objective of increasing employment and 

training opportunities for individuals 

who are blind or have other severe 

disabilities. For items which appear to 

be suitable to be furnished by nonprofit 

agencies, the contracting activity should 

refer the candidate products and 

services to the Committee or a central 

nonprofit agency. If a contracting 

activity decides to procure one or more 

products which are similar to a product 

or products on the Procurement List, the 

contracting activity should refer the 

products it intends to procure to the 

Committee or a central nonprofit 

agency. 

(b) Contracting activities shall provide 

the Committee and designated central 

nonprofit agencies with information 

needed to enable the Committee to 

determine whether a product or service 

is suitable to be furnished by a nonprofit 

agency. For products, information such 

as the latest solicitation and 

amendments, bid abstracts, procurement 

history, estimated annual usage 

quantities, and anticipated date of next 

solicitation issuance and opening may 

be needed. For services, similar 

information including the statement of 

work and applicable wage 

determination may be required. In order 

to assist in evaluating the suitability of 

an Office of Management and Budget 

Circular No. A–76 conversion, 

contracting activities should provide a 

copy of the draft statement of work and 

applicable wage determination to the 

central nonprofit agency upon its 

request. 

■ 18. Amend § 51–5.2 by revising 

paragraphs (a) through (d) to read as 

follows: 

§ 51–5.2 Mandatory source requirement. 

(a) As provided in 41 U.S.C. 8504, 

entities of the Federal Government 

intending to procure products or 

services on the Procurement List shall 

procure such products and services 

from nonprofit agencies authorized by 

the Committee. The only exception to 

this mandatory requirement is for 

products available from the Federal 

Prison Industries, Inc., which has a 

purchase priority over products on the 

Procurement List. 

(b) Purchases of products on the 

Procurement List by entities of the 

Government shall be made from sources 

authorized by the Committee. These 

sources may include nonprofit agencies, 

central nonprofit agencies when 

approved by the Committee, 

Government central supply agencies 

such as the Defense Logistics Agency 

and the General Services 

Administration, and certain commercial 

distributors. As noted in § 51–6.2 of this 

chapter, identification of the authorized 

sources for a particular product may be 

obtained from the central nonprofit 

agencies indicated on the Procurement 

List which is found at 

www.abilityone.gov. 

(c) Contracting activities shall require 

other persons providing products which 

are on the Procurement List to entities 

of the Government by contract to order 

these products from the sources 

authorized by the Committee. 

(d) Procedures for obtaining military 

resale products are contained in § 51– 

6.4 of this chapter. 

* * * * * 

■ 19. Amend § 51–5.3 by revising 

paragraphs (a) and (c) to read as follows: 

§ 51–5.3 Scope of requirement. 

(a) When a product is included on the 

Procurement List, the mandatory source 

requirement covers the National Stock 

Number or item designation listed and 

products that are essentially the same as 

the listed item. In some instances, only 

a portion of the Government 

requirement for a National Stock 

Number or item designation is specified 

by the Procurement List. Where 

geographic areas, quantities, percentages 

or specific supply locations for a 

product are listed, the mandatory 

provisions of the JWOD Act apply only 

to the portion or portions of the product 

indicated by the Procurement List. 

* * * * * 

(c) When a product or service is 

added to the Procurement List, the 

addition does not affect contracts for the 

product or service awarded prior to the 

effective date of the Procurement List 

addition or options exercised under 

those contracts. 

■ 20. Amend § 51–5.4 by revising 

paragraphs (a)(1) and (2) to read as 

follows: 

§ 51–5.4 Purchase exceptions. 

(a) * * * 

(1) The central nonprofit agency or its 

nonprofit agency(ies) cannot furnish a 

product or service within the period 

specified, and 


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(2) The product or service is available 

from commercial sources in the 

quantities needed and significantly 

sooner than it will be available from the 

nonprofit agency(ies). 

* * * * * 

■ 21. Amend § 51–5.5 by revising 

paragraphs (a), (b), (c), and (e) to read as 

follows: 

§ 51–5.5 Prices. 

(a) The prices for items on the 

Procurement List are fair market prices 

established by the Committee under 

authority of the Javits-Wagner-O’Day 

Act (41 U.S.C. 8503(b)]). 

(b) Prices for products include 

applicable packaging, packing, and 

marking. Prices include transportation 

to point of delivery as specified in § 51– 

5.6. 

(c) Price changes for products and 

services shall usually apply to orders 

received by the nonprofit agency on or 

after the effective date of the change. In 

special cases, after considering the 

views of the contracting activity, the 

Committee may make price changes 

applicable to orders received by the 

nonprofit agency prior to the effective 

date of the change. 

* * * * * 

(e) If a contracting activity desires 

packing, packaging, or marking of 

products other than the standard pack 

or as provided in the Procurement List, 

any difference in cost shall be 

negotiated with the nonprofit agency. 

■ 22. Revise § 51–5.6 to read as follows: 

§ 51–5.6 Shipping. 

(a) Except as provided in paragraph 

(b) of this section, products are sold to 

the Government on an ‘‘F.O.B. 

destination’’ basis, with delivery being 

accomplished when the shipment 

reaches the facility designated by the 

contracting activity. Time of delivery is 

when the shipment is released by the 

carrier and accepted by the contracting 

activity or its agent. In this delivery 

method, the nonprofit agency will 

normally use commercial bills of lading 

and will be responsible for any loss or 

damage to the goods occurring before 

the products reach the designated 

delivery point. The nonprofit agency 

will prepare and distribute commercial 

bills of lading, furnish delivery 

schedules, designate the carriers, and 

pay all shipping charges to specified 

delivery points. 

(b) The Committee may determine 

that certain products are to be sold to 

the Government on an ‘‘F.O.B. origin’’ 

basis, with delivery being accomplished 

when a shipment is placed aboard the 

vehicle of the initial carrier. Time of 

delivery is when the shipment is 

released to and accepted by the initial 

carrier. In this delivery method, the 

nonprofit agency will normally use 

Government bills of lading, and 

responsibility for loss or damage to the 

goods while in transit passes to the 

Government at the time the initial 

carrier accepts a shipment. If the 

contracting activity fails to furnish a 

Government bill of lading promptly, 

such failure shall be considered an 

excusable delay in delivery. 

■ 23. Revise § 51–5.7 to read as follows: 

§ 51–5.7 Payments. 

Payments for products or services of 

persons who are blind or have other 

severe disabilities shall be made within 

30 days after shipment or receipt of a 

proper invoice or voucher. 

PART 51–6—PROCUREMENT 

PROCEDURES 

■ 24. Amend § 51–6.1 by revising 

paragraphs (a) and (c) to read as follows: 

§ 51–6.1 Direct order process. 

(a) Once a product or service is added 

to the Procurement List, the central 

nonprofit agency may authorize the 

contracting activity to issue orders 

directly to a nonprofit agency without 

requesting an allocation for each order. 

This procedure is known as the direct 

order process. 

* * * * * 

(c) An order for products or services 

shall provide leadtime sufficient for 

purchase of materials, production or 

preparation, and delivery or completion. 

* * * * * 

■ 25. Amend § 51–6.2 by revising 

paragraphs (a), (b) introductory text, 

(b)(1), (c), (d), (g), (i), and (k) to read as 

follows: 

51–6.2 Allocation process. 

(a) In those cases where a direct order 

authorization has not been issued as 

described in § 51–6.1, the contracting 

activity shall submit written requests for 

allocation to the appropriate central 

nonprofit agency indicated by the 

Procurement List which is found at the 

Committee’s website: https://

www.abilityone.gov. 

(b) Requests for allocations shall 

contain, as a minimum: 

(1) For products. Name, stock number, 

latest specification, quantity, unit price, 

and place and time of delivery. 

* * * * * 

(c) Contracting activities shall request 

allocations in sufficient time for the 

central nonprofit agency to reply, for the 

order(s) to be placed, and for the 

nonprofit agencies to furnish the 

product or service (see paragraph (i) of 

this section). 

(d) When a product on the 

Procurement List also appears on the 

Federal Prison Industries’ ‘‘Schedule of 

Products,’’ the contracting activity shall 

obtain clearance from the Federal Prison 

Industries prior to requesting an 

allocation or placing an order directly to 

the nonprofit agency(ies). 

* * * * * 

(g) An allocation is not an obligation 

to supply a product or service, or an 

obligation for the contracting activity to 

issue an order. Nonprofit agencies are 

not authorized to commence production 

until receipt of an order. 

* * * * * 

(i) An order for products or services 

shall provide leadtime sufficient for 

purchase of materials, production or 

preparation, and delivery or completion. 

* * * * * 

(k) In those instances where the 

central nonprofit agency is the prime 

contractor rather than the nonprofit 

agency, the central nonprofit agency 

will designate the nonprofit agency(ies) 

authorized by the Committee to furnish 

definite quantities of products or 

specific services upon receipt of an 

order from the contracting activity. 

■ 26. Revise § 51–6.3 to read as follows: 

§ 51–6.3 Long-term procurements. 

(a) Contracting activities are 

encouraged to investigate long-term 

ordering agreements for products listed 

on the Procurement List to level off 

demand, thereby helping ensure 

stability of employment and 

development of job skills for persons 

who are blind or have other severe 

disabilities. 

(b) Contracting activities are 

encouraged to use the longest contract 

term available by law to their agencies 

for contracts for products and services 

under the AbilityOne Program, in order 

to minimize the time and expense 

devoted to formation and renewal of 

these contracts. 

■ 27. Revise § 51–6.4 to read as follows: 

§ 51–6.4 Military resale products. 

(a) Purchase procedures for ordering 

military resale products are available 

from the central nonprofit agencies. 

Authorized resale outlets (military 

commissary stores, Armed Forces 

exchanges and like activities of other 

Government departments and agencies) 

shall request the central nonprofit 

agency responsible for the military 

resale product being ordered to 

designate the nonprofit agency or its 

agent to which the outlets shall forward 

orders. 

(b) Authorized resale outlets shall 

stock military resale products in as 


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broad a range as practicable. Authorized 

resale outlets may stock commercial 

items comparable to military resale 

products they stock, except that military 

commissary stores shall stock military 

resale products in the 300–800–, 

900–, 1000–, 1100–, 10000– (10000– 

10999); 13000 (13000–13999); 14000 

(14000–14999); 15000 (15000–15999); 

and 16000 (16000–16999) series 

exclusively, unless an exception has 

been granted on an individual store 

basis for the stocking of comparable 

commercial items for which there is a 

significant customer demand. 

(c) The Defense Commissary Agency 

shall, after consultation with the 

Committee: 

(1) Establish mandatory lists of 

military resale products to be stocked in 

commissary stores. 

(2) Require the stocking in 

commissary stores of military resale 

products in the 0– (0–99), 200–, 300–, 

400–, 500–, 600–, 700–, 800–, 900–, 

1000–, 1100–, 1200- (1200–9999), 

10000- (10000–10999), 11000 (11000– 

11999); 12000 (12000–12999); 13000 

(13000–13999); 14000 (14000–14999); 

15000 (15000–15999); and 16000 

(16000–16999) series in as broad a range 

as is practicable. 

(3) Issue guidance requiring 

commissary store personnel to 

maximize sales potential of military 

resale products. 

(4) Establish policies and procedures 

which reserve to its agency headquarters 

the authority to grant exceptions to the 

exclusive stocking of 300–, 800–, 

900–, 1000–, 1100–, 10000– (10000– 

10999); 13000 (13000–13999); 14000 

(14000–14999); 15000 (15000–15999); 

and 16000 (16000–16999) series military 

resale products. 

(d) The Defense Commissary Agency 

shall provide the Committee a copy of 

each directive which relates to the 

stocking of military resale products in 

commissary stores, including exceptions 

authorizing the stocking of commercial 

items in competition with 300–, 800–, 

900–, 1000–, 1100–, 10000- (10000– 

10999); 13000 (13000–13999); 14000 

(14000–14999); 15000 (15000–15999); 

and 16000 (16000–16999) series military 

resale products. 

(e) The prices of military resale 

products include delivery to destination 

or, in the case of destinations overseas, 

to designated depots at ports of 

embarkation. Zone pricing is used for 

delivery to Alaska and Hawaii. 

■ 28. Amend § 51–6.6. by revising 

paragraph (a) to read as follows: 

§ 51–6.6 Request for waiver of 

specification requirement. 

(a) Nonprofit agencies and central 

nonprofit agencies are encouraged to 

recommend changes to specification 

requirements or request waivers where 

there are opportunities to provide equal 

or improved products at a lower cost to 

the Government. 

* * * * * 

■ 29. Revise § 51–6.7 to read as follows: 

§ 51–6.7 Orders in excess of nonprofit 

agency capability. 

(a) Nonprofit agencies are expected to 

furnish products on the Procurement 

List within the time frames specified by 

the Government. The nonprofit agency 

must have the necessary production 

facilities to meet normal fluctuations in 

demand. 

(b) Nonprofit agencies shall take those 

actions necessary to ensure that they 

can ship products within the time 

frames specified by the Government. In 

instances where the nonprofit agency 

determines that it cannot ship the 

product in the quantities specified by 

the required shipping date, it shall 

notify the central nonprofit agency and 

the contracting activity. The central 

nonprofit agency shall request a revision 

of the shipping schedule which the 

contracting activity should grant, if 

feasible, or the central nonprofit agency 

shall issue a purchase exception 

authorizing procurement from 

commercial sources as provided in § 51– 

5.4 of this chapter. 

■ 30. Amend § 51–6.8 by revising 

paragraphs (a), (b), (c), and (e) to read as 

follows: 

§ 51–6.8 Deletion of items from the 

Procurement List. 

(a) When a central nonprofit agency 

decides to request that the Committee 

delete a product or service from the 

Procurement List, it shall notify the 

Committee staff immediately. Before 

reaching a decision to request a deletion 

of an item from the Procurement List, 

the central nonprofit agency shall 

determine that none of its nonprofit 

agencies is capable and desirous of 

furnishing the product or service 

involved. 

(b) Except in cases where the 

Government is no longer procuring the 

item in question, the Committee shall, 

prior to deleting an item from the 

Procurement List, determine that none 

of the nonprofit agencies of any other 

central nonprofit agency is desirous and 

capable of furnishing the product or 

service involved. 

(c) Nonprofit agencies will normally 

be required to complete production of 

any orders for products on hand 

regardless of the decision to delete the 

item. Nonprofit agencies shall obtain 

concurrence of the contracting activity 

and the Committee prior to returning a 

purchase order to the contracting 

activity. 

* * * * * 

(e) The Committee may delete an item 

from the Procurement List without a 

request from a central nonprofit agency 

if the Committee determines that none 

of the nonprofit agencies participating 

in the AbilityOne Program are capable 

and desirous of furnishing the product 

or service to the Government, or if the 

Committee determines that the product 

or service is no longer suitable for 

procurement from nonprofit agencies 

employing people who are blind or have 

other severe disabilities. In considering 

such an action, the Committee will 

consult with the appropriate central 

nonprofit agency, the nonprofit agency 

or agencies involved, and the 

contracting activity. 

■ 31. Revise § 51–6.9 to read as follows: 

§ 51–6.9 Correspondence and inquiries. 

Routine contracting activity 

correspondence or inquiries concerning 

deliveries of products being shipped 

from or performance of services by 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities shall be with the nonprofit 

agency involved. Major problems shall 

be referred to the appropriate central 

nonprofit agency. In those instances, 

where the problem cannot be resolved 

by the central nonprofit agency and the 

contracting activity involved, the 

contracting activity or central nonprofit 

agency shall notify the Committee of the 

problem so that action can be taken by 

the Committee to resolve it. 

■ 32. Amend § 51–6.10 by revising 

paragraph (a) to read as follows: 

§ 51–6.10 Quality of merchandise. 

(a) Products furnished under 

Government specification by nonprofit 

agencies employing persons who are 

blind or have other severe disabilities 

shall be manufactured in strict 

compliance with such specifications. 

Where no specifications exist, products 

furnished shall be of a quality equal to 

or higher than similar items available on 

the commercial market. Products shall 

be inspected utilizing nationally 

recognized test methods and procedures 

for sampling and inspection. 

* * * * * 

■ 33. Amend § 51–6.11 by revising 

paragraph (a) to read as follows: 

§ 51–6.11 Quality complaints. 

(a) When the quality of a product 

received is not considered satisfactory 


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by the using activity, the activity shall 

take the following actions as 

appropriate: 

(1) For products received from 

Defense Logistics Agency supply 

centers, General Services 

Administration supply distribution 

facilities, Department of Veterans 

Affairs distribution division or other 

central stockage depots, or specifically 

authorized supply source, notify the 

supplying agency in writing in 

accordance with that agency’s 

procedures. The supplying agency shall, 

in turn, provide copies of the notice to 

the nonprofit agency involved and its 

central nonprofit agency. 

(2) For products received directly 

from nonprofit agencies employing 

persons who are blind or have other 

severe disabilities, address complaints 

to the nonprofit agency involved with a 

copy to the central nonprofit agency 

with which it is affiliated. 

* * * * * 

■ 34. Amend § 51–6.12 by revising 

paragraphs (a), (b), and (e) to read as 

follows: 

§ 51–6.12 Specification changes and 

similar actions. 

(a) Contracting activities shall notify 

the nonprofit agency or agencies 

authorized to furnish a product on the 

Procurement List and the central 

nonprofit agency concerned of any 

changes to the specification or other 

description of the product. 

(b) When a government entity is 

changing the specification or 

description of a product on the 

Procurement List, including a change 

that involves the assignment of a new 

national stock number or item 

designation, the office assigned 

responsibility for the action shall obtain 

the comments of the Committee and the 

central nonprofit agency concerned on 

the proposed change and shall notify 

the nonprofit agency and the central 

nonprofit agency concerned at least 90 

days prior to placing an order for a 

product covered by the new 

specification or description. 

* * * * * 

(e) Nonprofit agencies shall 

recommend changes in specifications, 

item descriptions, and statements of 

work that will improve the product or 

service being provided, reduce costs, or 

improve overall value to the 

Government. Contracting activities shall 

respond promptly to these 

recommendations and work with the 

nonprofit agencies to implement them 

when appropriate. 

■ 35. Revise § 51–6.13 to read as 

follows: 

§ 51–6.13 Replacement and similar 

products. 

(a) When a product on the 

Procurement List is replaced by another 

product which has not been recently 

procured, and a nonprofit agency can 

furnish the replacement product in 

accordance with the Government’s 

quality standards and delivery 

schedules, the replacement product is 

automatically considered to be on the 

Procurement List and shall be procured 

from the nonprofit agency designated by 

the Committee at the fair market price 

the Committee has set for the 

replacement product. The product being 

replaced shall continue to be included 

on the Procurement List until there is no 

longer a Government requirement for 

that product. 

(b) If contracting activities desire to 

procure additional sizes, colors, or other 

variations of a product after the product 

is added to the Procurement List, and 

these similar products have not recently 

been procured, these products are also 

automatically considered to be on the 

Procurement List. 

(c) In accordance with § 51–5.3 of this 

chapter, contracting activities are not 

permitted to purchase commercial items 

that are essentially the same as products 

on the Procurement List. 

PART 51–7—PROCEDURES FOR 

ENVIRONMENTAL ANALYSIS 

■ 36. Amend § 51–7.1 by revising 

paragraph (b) to read as follows: 

§ 51–7.1 Purpose and scope. 

* * * * * 

(b) Scope. This part applies to all 

actions of the Committee for Purchase 

from Persons Who Are Blind or Severely 

Disabled which may affect 

environmental quality in the United 

States. 

■ 37. Amend § 51–7.2 by revising 

paragraph (a) to read as follows: 

§ 51–7.2 Early involvement in private, 

State, and local activities requiring Federal 

approval. 

(a) 40 CFR 1501.2(d) requires agencies 

to provide for early involvement in 

actions which, while planned by private 

applicants or other non-Federal entities, 

require some sort of Federal approval. 

Pursuant to the JWOD Act (41 U.S.C. 

8501–8506), the Committee for Purchase 

from People Who Are Blind or Severely 

Disabled makes the determination as to 

which qualified nonprofit agency 

serving persons who are blind or have 

other severe disabilities will furnish 

designated products and services to the 

Government. 

* * * * * 

PART 51–8—PUBLIC AVAILABILTY OF 

AGENCY MATERIALS 

■ 38. Amend § 51–8.4 by revising the 

section heading and adding paragraph 

(g) to read as follows: 

§ 51–8.4 Responsibility for responding to 

requests. 

* * * * * 

(g) Appointments. Material described 

in 5 U.S.C. 552(a)(2) shall be available 

for inspection during normal business 

hours at the Committee’s offices. An 

individual who intends to visit the 

Committee offices to inspect this 

material shall make an appointment 

with the Executive Director at least one 

week in advance, except when the 

Committee has provided notification to 

the individual that the material is 

available for inspection in the 

Committee offices, in which case an 

appointment must be made at least 24 

hours in advance. Appointments can be 

requested at the Committee’s email 

address: info@abilityone.gov. 

■ 39. Amend § 51–8.5 by adding 

paragraph (a) introductory text and 

revising paragraph (a)(1) to read as 

follows: 

§ 51–8.5 Timing of Responses to 

Requests. 

(a) In general. Requests to obtain 

copies of any material maintained by 

the Committee must be submitted to the 

Executive Director at the Committee’s 

offices, email address: info@

abilityone.gov. The requester may in his 

or her petition ask for a fee waiver if 

there is likely to be a charge for the 

requested information. All requests for 

records shall be deemed to have been 

made pursuant to the FOIA, regardless 

of whether the Act is specifically 

mentioned. Failure to submit a request 

in accordance with these procedures 

may delay the processing of the request. 

(1) The Committee ordinarily will 

respond to requests according to their 

order of receipt. The time limits 

prescribed in the FOIA will begin only 

after the Committee identifies a request 

as being made under the FOIA and 

deemed received by the Committee. 

* * * * * 

PART 51–9—PRIVACY ACT RULES 

■ 40. Revise § 51–9.301 to read as 

follows: 

§ 51–9.301 Notification. 

Any individual who wishes to 

determine if a system of records 

maintained by the Committee contains a 

record pertaining to him should direct 

a request to the Executive Director at the 

address indicated in the public notice or 


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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules 38969 

at the Committee’s email address: info@

abilityone.gov describing the system of 

records which has been published in the 

Federal Register. The request should 

display clearly the legend ‘‘Privacy Act 

Request’’ on the face of the request 

letter. The request letter should contain 

the complete name and identifying 

number of the system as published in 

the Federal Register; the full name, 

address, and telephone number of the 

subject individual; a brief description of 

the nature, time, place and 

circumstances of the individual’s 

association with the Committee and any 

other information which the individual 

believes would facilitate the Executive 

Director’s determination whether the 

individual’s name is included in the 

system of records. The Executive 

Director shall answer or acknowledge 

the request within ten working days. 

■ 41. Amend § 51–9.301–1 by revising 

paragraphs (b) and (c) to read as follows: 

§ 51–9.303–1 Form of requests. 

* * * * * 

(b) A written request should be 

directed to the Executive Director as 

listed in the public notice describing the 

system of records or at the Committee’s 

email address: info@abilityone.gov. The 

individual should display clearly on the 

face of the request letter and on the face 

of the envelope the legend ‘‘Privacy Act 

Request’’, and include the complete 

name and identifying number of the 

system as published in the Federal 

Register; the full name, address, the 

telephone number of the individual; a 

brief description of the nature, time, 

place and circumstances of the 

individual’s association with the 

Committee; and any other information 

which the individual believes would 

facilitate the Executive Director’s search 

for the record. 

(c) An individual who wishes to have 

a person of his choosing accompany 

him in reviewing a record must sign a 

statement authorizing the disclosure of 

his record in the presence of another 

individual, if so requested by the 

Executive Director. An individual who 

intends to visit the Committee office in 

order to review a record should make an 

appointment with the Executive 

Director using the Committee’s email 

address at: info@abilityone.gov at least 

one week in advance. 

■ 42. Revise § 51–9.304–4 to read as 

follows: 

§ 51–9.304–4 Form of payment. 

Payment shall be by check or money 

order payable to the Committee for 

Purchase from People Who Are Blind or 

Severely Disabled and shall be 

addressed to the Executive Director. 

■ 43. Amend § 51–9.401 by revising 

paragraph (a) to read as follows: 

§ 51–9.401 Submission of requests to 

amend records. 

(a) An individual who desires to 

amend any record or information 

pertaining to him should direct a 

written request to the Executive 

Director, Committee for Purchase From 

People Who Are Blind or Severely 

Disabled at the Committee’s email 

address: info@abilityone.gov. 

* * * * * 

■ 44. Amend § 51–9.405 by revising 

paragraph (a) to read as follows: 

§ 51–9.405 Request of review of refusal to 

amend a record. 

(a) An individual who disagrees with 

the refusal to amend may appeal that 

refusal with the Committee. An 

individual should address a request for 

review of a refusal to amend any record, 

exclusive of a personnel record of a 

current Committee employee to the 

Chairperson, Committee for Purchase 

from People Who Are Blind or Severely 

Disabled at the Committee’s email 

address: info@abilityone.gov. 

* * * * * 

PART 51–10—ENFORCEMENT OF 

NONDISCRIMINATION ON THE BASIS 

OF HANDICAP IN PROGRAMS OR 

ACTIVITIES CONDUCTED BY THE 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

■ 45. Amend § 51–10.170 by revising 

paragraph (c) to read as follows: 

§ 51–10.170 Compliance procedures. 

* * * * * 

(c) The Executive Director shall be 

responsible for coordinating the 

implementation of this section. 

Complaints may be sent to the Executive 

Director, Committee for Purchase from 

People Who Are Blind or Severely 

Disabled at the Committee’s email 

address: info@abilityone.gov. 

* * * * * 

Michael R. Jurkowski, 

Deputy Director, Business Operations. 

[FR Doc. 2021–15154 Filed 7–22–21; 8:45 am] 

BILLING CODE 6353–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket Nos. 20–36; Report No. 3178; 

FRS 37546] 

Petition for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for reconsideration. 

SUMMARY: Petition for Reconsideration 

(Petition) has been filed in the 

Commission’s rulemaking proceeding 

by Catherine Wang, on behalf of Shure 

Incorporated. 

DATES: Oppositions to the Petition must 

be filed on or before August 9, 2021. 

Replies to an opposition must be filed 

on or before August 17, 2021. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Hugh VanTuyl, Office of Engineering 

and Technology Bureau, (202) 418–7506 

or Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3178, released 

July 7, 2021. The full text of the Petition 

can be accessed online via the 

Commission’s Electronic Comment 

Filing System at: http://apps.fcc.gov/ 

ecfs/. The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. 

801(a)(1)(A), because no rules are being 

adopted by the Commission. 

Subject: Unlicensed White Space 

Device Operations in the Television 

Bands, FCC 20–156, published at 86 FR 

11490, February 25, 2021, in ET Docket 

No. 20–36. This document is being 

published pursuant to 47 CFR 1.429(e). 

See also 47 CFR 1.4(b)(1) and 1.429(f), 

(g). 

Number of Petitions Filed: 1. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

[FR Doc. 2021–15641 Filed 7–22–21; 8:45 am] 

BILLING CODE 6712–01–P 


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